GREELEY — A judge today refused to lower a first-degree murder charge against a 31-year-old man accused of beating to death a transgender woman he had oral sex with the night before her death.

Weld District Judge Marcelo Kopcow cited evidence that Allen Andrade hit 18-year-old Angie Zapata several times with a fire extinguisher in her Greeley apartment in July after he confronted her about her sexual orientation.

Kopcow said he also considered several statements Andrade allegedly made while in custody that showed his anger toward Zapata and gays in general. In one conversation, he allegedly told his girlfriend that “all gay things need to die,” said Greeley Police Detective Greg Tharp.

Andrade also allegedly told his girlfriend that he was trying to put the murder behind him and that there was “no use crying over spilled milk.”

Kopcow made his ruling in a preliminary hearing for Andrade, who faces several charges, including first-degree murder and a felony bias-motivated crime.

Andrade’s lawyer, Annette Kundelius, argued that the murder charge should be reduced to second-degree murder because there was no deliberation in Andrade’s acts.

When Andrade confronted Zapata about her sexual leanings, Zapata told him she was “all woman” and smiled at him, Kundelius said. “This was a highly provoking act and would cause someone to have an aggressive action,” Kundelius said. “At best this is a case of passion.”

But Kopcow said Andrade could have left the apartment rather than attacking Zapata. “There was a period of time when reason and humanity could have been heard,” the judge said.

Kopcow also declined to set bail for Zapata, citing the capital nature of the crime. Another hearing in the case is set for November.

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